Pakistan

Government stands its ground

Law secretary says Swiss cases against President Zardari cannot be re-opened while he occupies the office.

Express September 23, 2010

ISLAMABAD:

The ‘Compliance Report’ on the NRO verdict submitted by the federation to the office of the Supreme Court’s Registrar on Thursday said that the government was firm in its stance that it would not write to the Swiss government to initiate cases against President Asif Ali Zardari, who, according to the government’s legal brains, enjoys full immunity under the Constitution.

The reply appears to be setting the stage for another possible executive-judiciary showdown.

“Writing a letter to the Swiss authorities is a conflict with the national sovereignty because the Constitution under Article 248 doesn’t allow such a move against the President,” said a six-page report studied by The Express Tribune.

The report has been submitted in response to CMA1238-1239/2010 [Suo motu Action regarding appointment of convicted person namely Ahmed Riaz Sheikh (NRO beneficiary)]. The case is being heard on Friday (today).

A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry is hearing the case against the non-implementation of the Supreme Court’s verdict on the NRO. Justice Tariq Pervez and Justice Ghulam Rabbani are the other judges on the bench.

A curious thing happened when the law ministry bypassed the rules by not sending a copy of the report to Attorney General Maulvi Anwar-ul-Haq till late night on Thursday.

The content of the summary prepared by Law Secretary Masood Chishti stated: “The Constitution doesn’t allow any such move which leads the president towards legal complication. Therefore, no such case against Mr Zardari can be initiated or even re-opened while he is the President.”

Masood Chishti further said that a detailed summary regarding re-initiating of Swiss cases has already been sent to Prime Minister Yousaf Raza Gilani.

“The court’s order to re-initiate cases against the supreme leader of the state is a clear-cut violation of international law,” he said and added, “The proceedings of any case can’t be conducted against the President because he is also the commander-in-chief of the armed forces.”

Besides, legal brains believe that as the law secretary wrote to the prime minister that the letter couldn’t be written, he could find himself in the eye of the storm with the SC directing its wrath upon his person.

A legal expert Dr Khalid Ranjha was of the view that “if it happens then contempt of court proceedings can be initiated against the law secretary.”

The PM is safe now because the whole responsibility falls on the law secretary, he said.

Meanwhile, Attorney General Maulvi Anwar-ul-Haq says: “The Supreme Court warned me the third time to appear with a ‘Compliance Report’, which surely is to fulfill the order of the Supreme Court regarding reopening the Swiss cases as well as all the NRO cases.”

I several times advised the government to write a letter to the Swiss authorities for implementation of the court order, he added.

It may be mentioned here that Chief Justice Iftikhar Muhammad Chaudhry on Tuesday directed Law Secretary Masood Chishti to send a summary to the PM for initiating the Swiss cases.

Published in The Express Tribune, September 24th, 2010.

COMMENTS (23)

Aftab Kenneth Wilson | 14 years ago | Reply The Law is Blind and as such applied very blindly when it comes in support of takeovers and when anyone elected through democratic system then the whole Law is applied with "Open Eyes". Please don't play with the destiny of the country for personal glorification. We must all now come out of fool's paradise. I totally agree with what is being said by the elected Prime Minister of our country.

Ahmer Ali | 14 years ago | Reply Assalam-o-Allaikum Warahmatullah.President Zardari's exemption from any facing any legal actions against him in the Supreme Court and NAB is entirely unislamic and against the Quran and Sunnah and Zardari is enjoying immunity from any legal actions just due to the unislamic laws implemented in Pakistan because most of our 1973 constitution's articles are made by the British law makers and are against the Quran and Sunnah.If history is to see then greatest Sahaba (R.A) presented themselves for accountability before the Qazi first just due to implemented the laws of Quran and Sunnah pracitically in the society.And if Article 248 is seen for President Zardari;s exemption then why not Articles 62 and 63 are being seen for President Zardari?This is the biggest dilemma of our country that leaders always enjoy exemption and immunity.Being a true,sincere,honest and devoted muslim and according to Quran and Sunnah and following the Greatest Sahaba (R.A) self-accountability traditions President Zardari must set an example and present himself for accountability before Supreme Court and NAB for his good sake against his allegation and accusations to be much more acceptable for majority of the Pakistani nation instead of enjoying exemption and immunity.

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shahid | 14 years ago | Reply i don,t understand the urgency of this issue.you tried him for years for these cases.why can,t we wait till he steps down.

Asmat Jamal | 14 years ago | Reply Judges should also appraise themselves with the contents of Constitution. They must not always follow what Akram Sheikh and Ansar Abassi says.

imran | 14 years ago | Reply Any one not understanding the Court Verdict should remember that for the sake of one person i.e Mr. Zardari, they are ready to sacrifise the whole justice system. If the elites are spared like they are then this country will ever remain in the kind of mess we are in.

Mohammad Jawed Iqbal | 14 years ago | Reply i think since 1947 our people just suffering from these all things 1st gift murder of Liaqaut Ali Khan then 1971 East Pakistan Then Murder of Zulfiqar Ali Bhutto and lots more thing about the Chief Justice i think Mr Zardari is not doing any thing against the Law and Mr. Fayyaz Haider your kind of people just shouting nothing else and criticize every thing what ever right or wrong what do you think who can be president of Pakistan? Or you need Marshal Law be practical and understand the situation its not time for these things its time to do and Zardari is doing well in this difficult time.

The Only Normal Person Here. | 14 years ago | Reply No matter what you say, what you chat, what you cry, what you protest and what you write on random forums. Mr Zardari has made it to Presidency and will remain so for over 2 years . YAAAAAAAAAAAAAAAAAAY. Eat that along with democracy.

Ali | 14 years ago | Reply It's not about persons;it's about law,all those decisions which are legal to be respected.What the hell Supreme of Pakistan under the able leadership of His Honor Mr.Ch is trying to prove by giving new life to (NRO) Dead Horse? specially when even notorious NRO was not tabled by the current regime.Does His Honor has any moral values when His Honor gave the permission to a military dictator Gen.Musharraf not only to rule the country,topple the elected Govt of Mr.Nawaz Sharif in 1999,but also to amend the Constitution of Pakistan. Does any Supreme Court in the world can do it! Is there any example someone of knowledge can quote! Never ever, and now His Honor is hearing 18th Amendment made by the Parliament for the last 4-6 months. What a judicial system Pakistan have!

Ali | 14 years ago | Reply Well said fayyaz

Ishaq | 14 years ago | Reply Corrupt Politicians VS Corrupt Judges lets hope it is the final round. People are tired of Judges stupid remarks daily shown on Electronic and print media. We have millions of problems so media should not stick to only one issue.

Fayyaz Haider | 14 years ago | Reply What a surprise. "Zardari is an elected president every Pakistani should respect him" and what about the CJ of the apex court of the country Mr. Jawed Iqbal what will you say about the decisions of the honourable Supreme Court. I have never seen a country even the Bangladeh where decisions of the apex court are thrown into dustbins. The elected personal donot have the power to disobey the orders of SCP. What message are they giving to the general public. Believe me this will create law in order situation in Pak. Every person will be doing crime and not obeying the courts. And inflation they said is the issue. To resolve an issue atleast there must be rule of law. appointments are being made without merit and when SCP annul these appointment the same persons are rewarded more. Who will decrease the inflation and make the economy good. An angel or a saint or an alien from space. Unless rule of law in every facit is assured not a single problem of Pakistan can be resoleved.

Mohammad Jawed Iqbal | 14 years ago | Reply MR. ASIF ALI ZARDARI is elected President thats why every Pakistani should Respect him till his tenure and he is doing well in very critical situation and hope he will be the one who will do best things in Pakistan INshaAllah

Bakhtiar Mohmand | 14 years ago | Reply *Kamran Nifasat Zardari is not the chairperson of PPP.3 cheers for yr ignorance.

Aasia Sohail Mian | 14 years ago | Reply In countries like ours presidents and elite class always enjoys immunity what ever the case be. Shame on us

Asad Baig | 14 years ago | Reply I would completely agree with Imran Khan that this is a non-issue and there are a lot of issues holding far more importance out there and somehow we are just stuck on some, this being one. Zardari may not be the favorite personality around but he IS the president of our country and he IS the supreme commander of our armed forces and being a Pakistani we have to respect the fact. Having said that, he does enjoy the immunity on national and international levels. We do know the outcome of writing the letter to Swiss authorities which is "being the president of a sovereign country Zardari cannot be prosecuted for the money laundering and other charges". Why is the SC so persistent on making government do this futile effort? The Supreme Court verdict on NRO is not only justified but also understandable and appreciated, on the other hand making the government write to swiss authorities about re-opening the cases of our own president and the supreme commander of our own country is not only shameful but is also an equivalent of defaming the country. Personally, I think the biggest factor at work here is the "CJ's ego" and not the constitution itself.

Silent Spectator | 14 years ago | Reply It is ridiculous to see the lengths people will go to defend Zardari. The law secretary, law minister, and all state resources are working at their full potential to defend Zardari and publicize his un-deserved immunity. I must give credit to the government for at least taking something seriously and working diligently towards achieving a goal. Now only if they could divert this enthusiasm towards serving the public, it would make all the difference to the masses!

Farrukh siddiqui | 14 years ago | Reply The court is trying to change the constitution and not interpret it. If the Army wants to get rid of Zardari, they should come out openly instead of trying to do it through the supreme court by distorting constitution. The President has always enjoyed immunity and there is nothing new about this.

Kamran Nifasat | 14 years ago | Reply It is not the matter of immunity, basically the election of President is against Constitution as one can not hold two offices at same time. Mr. Zardari being the Chairman of PPP can not hold the office of presidency. Honourable Supreme Court should decide the fate of Mr. Zardari on above allegations and then hold him in Court of Law along with his accomplices for worst corruption cases in Pakistan ever.

imran Khan | 14 years ago | Reply This is non issu. Electricity,Gass, Petroliam and eatables are not available in the country. Prices are at their peak. they must think about the poor public for God sake.

Ammar | 14 years ago | Reply It was a five member bench, why has it been reduced to 3 members and why the CJ has opted to place himself as head of this bench. Seems suspecious!

Usman | 14 years ago | Reply If this one guy steps down and prosecuted and set as an example, economic situation will improve tremendously.

abu suleman | 14 years ago | Reply seems funny,,,,

imran | 14 years ago | Reply the simple thing that law ministry is not understanding is that its not for them to decide if some own has immunity its up to the court..... they just need to write a letter to swiss court...and if the swiss thing they can open money laundering case against xyz.... he can claim immunity there....

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